Page:Federal Reporter, 1st Series, Volume 1.djvu/783

 PHŒNIX INS. 00. r. WULF. 776 �remedy. They have an undoubted right to pursue their legal remedies, unaffected by an assignment that is incomplete, or in violation of the statute. �Section 387 declares that the "assignee shall berequired t& sell ail theproperty assigned to him for the payment of debts, at public anction, within 120 days after the execution of the bond required by this act, and shall give at least 30 days' notice of the time and place of such sale," �This deed of assignment, in terms or by neeessary impli- cation, requires the assignees to seU at private sale, in the usual course of trade, for 12 months, and after the expiration of that period they are authorized to sell at public auction, on 10 days' notice. This provision is in direct contravention of the statute, and renders the assignment void. �Demurrer sustained. �On a motion for rehearing, before a full bench, MoCbaby, C. J., concurred in the foregoing opinion. �Note.— See Wright v. Thomas, ante, 716. ���The Phœnix iNsuEiNOB Co. v. Wulf and wife. �{Circuit Court, D. Indiana. February 2, 1880.) �Equitt Pbacticb — Sbkvicb of Subpckna — Bquitt Rttlb 13. — ^The thir- teenth equity rule, which declares that the service of ail subpœnas shall he hy a delivery of a copy tliereof, by the offlcer serving the same, to the defendant personally, or by leaving a copy thereof at the dwell- ing-house or usual place of abode of each defendant, with some adult person who is a member of or resident in the family, does not require the copy of the subpœna to be left with a person in the dwelling-house, but is satisfled by a service at the door, outside the dwelling-house. �Bamb — Mabbhal's Kbtuhn — Ambndmbnt. — Courts have the power to permit offlcers to amend their returns to both meirue and final process, and Ihe power is exercised liberally in the interest of justice, especially when the rights of third parties are not to be afEected by the amend- ment. �McDonald de Butler, for the marshal. �Herod e Winter and Austin F. Denny, for Bertha Wulf. ��� �